Donald William White, Jr v. State of Mississippi

Court of Appeals of Mississippi

Donald William White, Jr v. State of Mississippi

202 So. 3d 642, 2016 Miss. App. LEXIS 495

CourtCourt of Appeals of Mississippi

DecidedAugust 2, 2016

Docket2015-KA-00261-COA

StatusPublished

This text of 202 So. 3d 642 (Donald William White, Jr v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donald William White, Jr v. State of Mississippi, 202 So. 3d 642, 2016 Miss. App. LEXIS 495 (Mich. Ct. App. 2016).

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Opinion

*643 LEE, C.J.,

for the Court:

FACTS AND PROCEDURAL HISTORY

¶ 1. Donald William White Jr. was convicted in the Circuit Court of Lauderdale County, Mississippi, of selling one-tenth of a gram of methamphetamine under Mississippi Code Annotated section 41-29-139 (Supp.2015). The circuit court entered its judgment of conviction on November 19, 2014. On January 26, 2015, White was sentenced as an enhanced offender to fifteen years in the custody of the Mississippi Department of Corrections, to run consecutively to a prior sentence. He was also ordered to pay a $2,500 fine and fees of $855. Subsequently, on January 29, 2015, White filed a motion for a new trial or a judgment notwithstanding the verdict (JNOV). On appeal, White claims that the circuit court erred in denying his motion for a new trial because the verdict was against the overwhelming weight of the evidence.

DISCUSSION

¶ 2. [Uniform Rule of Circuit and County Court] 10.05 requires that a motion for a new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State, 73 So.3d 1203, 1206 (¶7) (Miss.Ct.App. 2011) (quoting Ross v. State, 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009)). White’s judgment of conviction was entered on November 19, 2014. So to be timely, White’s motion for a new trial would have to have been filed within ten days of that date. See Conwill v. State, 168 So.3d 1080, 1084 (¶ 19) (Miss.Ct.App.2013). Instead it was not filed until January 29, 2015. 1 Therefore, the circuit court did not err in denying White’s motion for a new trial.

¶ 3. THE JUDGMENT OF THE CIRCUIT COURT OF LAUDERDALE COUNTY OF CONVICTION OF SELLING ONE-TENTH OF A GRAM OF METHAMPHETAMINE AND SENTENCE, AS AN ENHANCED OFFENDER, OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO RUN CONSECUTIVELY TO A PRIOR SENTENCE, AND TO PAY A FINE OF $2,500, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO LAUDERDALE COUNTY.

IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR, JAMES, WILSON AND GREENLEE, JJ., CONCUR.

1

. Further, White s motion was filed outside of the term of court, as the November 2014 term of the Lauderdale County Circuit Court began on the first Monday of November and ran for four weeks. See State of Mississippi Judiciary Directory and Court Calendar (2014).

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*643 LEE, C.J.,

for the Court:

FACTS AND PROCEDURAL HISTORY

¶ 1. Donald William White Jr. was convicted in the Circuit Court of Lauderdale County, Mississippi, of selling one-tenth of a gram of methamphetamine under Mississippi Code Annotated section 41-29-139 (Supp.2015). The circuit court entered its judgment of conviction on November 19, 2014. On January 26, 2015, White was sentenced as an enhanced offender to fifteen years in the custody of the Mississippi Department of Corrections, to run consecutively to a prior sentence. He was also ordered to pay a $2,500 fine and fees of $855. Subsequently, on January 29, 2015, White filed a motion for a new trial or a judgment notwithstanding the verdict (JNOV). On appeal, White claims that the circuit court erred in denying his motion for a new trial because the verdict was against the overwhelming weight of the evidence.

DISCUSSION

¶ 2. [Uniform Rule of Circuit and County Court] 10.05 requires that a motion for a new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State, 73 So.3d 1203, 1206 (¶7) (Miss.Ct.App. 2011) (quoting Ross v. State, 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009)). White’s judgment of conviction was entered on November 19, 2014. So to be timely, White’s motion for a new trial would have to have been filed within ten days of that date. See Conwill v. State, 168 So.3d 1080, 1084 (¶ 19) (Miss.Ct.App.2013). Instead it was not filed until January 29, 2015. 1 Therefore, the circuit court did not err in denying White’s motion for a new trial.

¶ 3. THE JUDGMENT OF THE CIRCUIT COURT OF LAUDERDALE COUNTY OF CONVICTION OF SELLING ONE-TENTH OF A GRAM OF METHAMPHETAMINE AND SENTENCE, AS AN ENHANCED OFFENDER, OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO RUN CONSECUTIVELY TO A PRIOR SENTENCE, AND TO PAY A FINE OF $2,500, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO LAUDERDALE COUNTY.

IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR, JAMES, WILSON AND GREENLEE, JJ., CONCUR.

1

. Further, White s motion was filed outside of the term of court, as the November 2014 term of the Lauderdale County Circuit Court began on the first Monday of November and ran for four weeks. See State of Mississippi Judiciary Directory and Court Calendar (2014).

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Bluebook (online)

202 So. 3d 642, 2016 Miss. App. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-william-white-jr-v-state-of-mississippi-missctapp-2016.

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